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HomeMy WebLinkAbout1189th CSC MEETING1189th REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1189th Regular Meeting of the Civil Service Commission was held on Thursday, June 19, 2003. The meeting was called to order at 5:30 P.M. Members Present: Ronald E. Campau, Chairperson Charlotte S. Mahoney Harry C. Tatigian Also Present: Alan W. Brandemihl, Jr., Fire Chief Derrick L. Washington, Personnel Analyst II John Orzech, Vice -President, Livonia Fire David G. Beecher, Personnel Analyst II Fighters Union Aurora Northrup, Personnel Analyst I George Roumell, Jr., Attorney, Riley, Mary E. Rutan, Human Resources Director Roumell and Connolly Gretchen Guisbert, Secretary III Greg Schultz, Attorney, Riley, Roumell and Connolly Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the minutes of the 1188th Regular Meeting held Thursday, May 15, 2003, be approved as submitted. The Commission received and filed the Status of Temporary Employees Report for May 2003 The Commission received and filed the Non -Resident Report as of May 2003. John Orzech, Vice -President, Livonia Fire Fighters Union (LFFU), spoke on behalf of LFFU Grievance #1-03, dated February 10, 2003, regarding the temporary assignment of Fire Employees to the classification of Driver. Mr. Orzech stated that on January 30, 2003, there had been a shortage of Drivers and the labor contract, Section 453 provides, that in the event a temporary assignment to a higher classification is required, the next senior Firefighter would receive the temporary upgrade. He further stated that on this day there were three (3) senior employees who, while paid the salary upgrade, were bypassed for the temporary promotion to the classification of Driver. Mr. Orzech clarified that after meeting with the Battalion Chief, the Fire Chief and Greg Schultz, the issue was not only that of pay, but also that of gaining the experience necessary for the next upgrade or promotion. Mr. Orzech further stated that the Union requests that the City maintain the practice, which had been followed for fifty (50) years. Mr. Tatigian inquired why the fourth senior Firefighter was upgraded to Driver. Mr. Orzech replied that the Battalion Chief was trying to keep as many Advanced Life Support (ALS) squads going as he could. He continued that there is no provision in the contract that states that the Fire Fighting Division must maintain five (5) squads. Furthermore, he stated that the City refused, during negotiations, to agree to maintain all five (5) ALS squads and the City, pursuant to contract, can elect to put equipment out of service. Mr. Campau reviewed the Union handouts including the Labor Management written response of April 15, 2003, the 1990 Grievance regarding Assistant Driver upgrade to Driver and the Paget 11 sign Regular Meeting June 19, 2003 April 27, 2003 letter from Chief regarding temporary upgrades. Mr. Orzech directed the Commission to the highlighted areas of the handouts and stated the bargaining agreement does not require maintaining the rig at all times. Sending two members to another station would have been all that was necessary. He put in for a Freedom of Information Act (FOIA) request for the Grievance fled in February, 1990 under Chief Barney Knorp, which concerned the upgrade of Assistant Drivers to Drivers to permit practical experience. Chief Brandemihl responded that a Driver was needed at Station #1. The Shift Commander wasn't able to call back someone in accordance with Section 45 of the labor contract. Normally, the practice was then to call in Firefighters and temporarily upgrade them. Both of the respondents were called in, to maintain minimum staffing at 21. This was the least disruptive and also allowed maximum coverage to maintain all paramedic rigs. The Shift Commander wanted to make sure he had the best coverage with four (4) Advanced Life Support (ALS) and one (1) Basic Life Support (BLS) units in service of the City. Geographically, it is easier to cover the center from the corners than the corners from the center. Firefighter Church was upgraded and the other more senior Firefighters were made financially whole so no one was harmed. The Chief clarified that Management is required to determine staffing and assignments to best serve the needs of the community. George Roumell clarified that Kevin Church was not yet a paramedic. Chief Brandemihl stated that there was a Driver, Mike Maple; however, he was still in the process of testing for current EMT certification. Mr. Campau inquired if there were employees who had been disadvantaged by this action. Mr. Orzech replied that the Union didn't want this practice to continue. He was a Driver on duty, as well as Matt Maurier, Driver; and Michael Bailey, Firefighter. They were all impacted by this action. The temporary vacancy in the Driver classification was not assigned to the most senior. It would have only required a transfer from one station to another with no call -ins necessary. Firefighter Bailey was not moved because it would have resulted in a BLS unit at an outlying station. Chief Brandemihl reaffirmed that the issue is that of having enough ALS vehicles in the outlying areas. Mr. Orzech responded that the issue is not ALS vehicles, it is the "next most senior." Mr. Campau inquired if the Chief had the responsibility to determine the need. George Roumell stated that no Dnver/Engineer was available and one Firefighter with the least overtime served was required by contract to be called in. This would have resulted in having two (2) BLS and three (3) ALS rigs rather than one (1) BLS and four (4) ALS rigs. Chief Brandemihl confirmed that available training on equipment is not limited to temporary upgrade opportunities and is always available to any individual that expresses a desire for it. Mr. Tatigian clarified that nobody lost pay or seniority and the Chief and Shift Commander's decision were based on the requirements or best methods to serve the community. Mr. Orzech stated that Management shifts people around and the City had to pay two (2) Firefighters upgrade pay. The Union requests that the contract language be followed. Ms. Mahoney clarified if the purported contract steps had been followed and Mr. Orzech or the other Driver had been transferred to another location; no one would have required upgrade pay. Chief Brandemihl responded that keeping John Orzech at Station #3 meant having a paramedic available. Every Shift Commander goes through this when scheduling personnel and he had already made 5-6 calls that morning. Mr. Campau clarified why the next most senior was called in to permit Mr. Orzech to remain at Station #3 to keep ALS in service. While no loss of pay, there was a loss of reassignment. If this practice is allowed, it could Page 3 1189th Regular Meeting June 19, 2003 happen at any rank. Mr. Orzech agreed that normally the contract is followed, but his concern was that of how the contract would be interpreted for future temporary upgrades. Mr. Tatigian clarified that the Shift Commander made the decision to keep the ALS service in all corners of the City to keep maximum efficiency. The Union, however, wants Management to follow contract language. The City wants to distribute manpower and equipment as needed while compensating those not utilized. Chief Brandemihl reiterated Management wanted to reserve the right to distribute people and equipment as they deemed necessary. Mr. Orzech responded that there was a manpower shortage in the next higher classification and that the temporary upgrade did not go to the senior employee. Ms. Mahoney affirmed that there was a need for a Driver. No one responded to the Driver call back and there was a need to maintain ALS at the four comers without shifting staff. Ms. Mahoney continued that the Shift Commander thought it was a better way to serve the City. Mr. Roumell responded that if they had moved Kevin Church, they would have only had three (3) ALS rigs in service which would have resulted with a BLS vehicle at one comer of the City. The Chief stated that the contract language in question was drafted before the paramedic classification was in place and it needs to be reworded to address the "paramedic" staffing requirement. Mr. Tatigian inquired about the possibility of developing a Letter of Understanding. Mr. Campau responded that Management and Union need to iron out language but this could take months. He called for a motion. Upon a motion by Mr. Tatigian, it was RESOLVED, That having reviewed the Livonia Fire Fighters Union (LFFU) Grievance #1-03, dated February 10, 2003, from John Orzech, Vice -President, LFFU, regarding temporary assignment of Fire employees to the classification of Driver, and after having heard discussion from Chief Alan W. Brandemihl; George Roumell; Greg Schultz; and John Orzech, the Civil Service Commission does hereby deny this grievance on the basis that all parties have been duly compensated; and the issue presented is moot with no further remedy required; AND BE IT FURTHER RESOLVED, to the extent possible, that the Fire administration follow contract language and that the difficulty in interpreting the language be resolved in future negotiations. Motion dies for lack of support. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and adopted, it was RESOLVED, That having reviewed the Livonia Fire Fighters Union (LFFU) Grievance #1-03, dated February 10, 2003, from John Orzech, Vice -President, LFFU, regarding temporary assignment of Fire employees to the classification of Driver, and after having heard discussion from Chief Alan W. Brandemihl; George Roumell; Greg Schultz; and John Orzech, the Civil Service Commission does hereby deny this grievance; AND BE IT FURTHER RESOLVED, that Management and Union, by Letter of Understanding, revise the language in Section 45 of the labor contract to resolve any question or issue in the future. Page 11 nigh Regular Meeting June 19, 2003 AYE: Tatigian and Mahoney NAY: Campau Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of June 17, 2003, from Alan W. Brandemihl, Jr., Fire Chief, requesting an open -competitive examination for Firefighter and proposed qualifications and parts of examination and weights, the Civil Service Commission does hereby approve the following qualifications and parts of examination and weights: QUALIFICATIONS By the closing date of the announcement, applicants must: Be a citizen of the United States or a resident alien with the right to work in the United States. Have a high school diploma or valid equivalency certificate. Preference will be given applicants that have a Bachelors Degree or an Associates Degree in Fire Science or an EMS curriculum. Be a State of Michigan licensed or National Registry Paramedic. Possess the Conference of Western Wayne Firefighter Written and Physical Agility Test Certificates. THE AGILITY TEST CERTIFICATE MUST HAVE BEEN ISSUED IN THE TWELVE (12) MONTHS PRIOR TO THE CLOSING DATE OF THE ANNOUNCEMENT. Be at least 18 years of age. Possess normal visual functions and acuity in each eye of 20/100 or better, correctable to 20/20 with eyeglasses. NOTE: AT THE TIME OF APPLICATION, EACH APPLICANT MUST SUBMIT A WRITTEN STATEMENT FROM A PHYSICIAN, OPTOMETRIST OR OPHTHALMOLOGIST GIVING THE APPLICANT'S VISUAL ACUITY IN EACH EYE CORRECTED AND UNCORRECTED. Be free from any physical defects, chronic diseases, organic diseases, organic or functional conditions or mental and emotional instabilities which may lend to impair the efficient performance of duties or which might endanger the lives of others or the individual employee. Possess and maintain a valid motor vehicle operators or a basic commercial driver's license and have an acceptable driving record. AT THE TIME OF CERTIFICATION TO THE DEPARTMENT FOR FINAL INTERVIEW AND HIRING CONSIDERATION, CANDIDATES MUST POSSESS: A. A current State of Michigan or National Registry Paramedic License, and be currently ACLS certified. B. A State of Michigan Firefighter II Certificate or equivalent certification in a state that has reciprocity. Written Test -50%' Oral Interview -50% Page 5 11891h Regular Meeting June 19, 2003 'NOTE: A minimum of 30 candidates with the highest scores on the Written Test will be invited to continue to the Interview portion of the examination process. Remaining candidates who pass the Written Test will have their names kept on file for future reference during the life of the eligible list. The results at each step in the application process will determine eligibility for continuation on to subsequent steps. The process will include application review, Written Examination, Background Investigation, Oral Board Interview and a Psychological Evaluation. The Psychological Evaluation has a maximum possible score of 25 points. Possession of an Associates Degree in Fire Science or an EMS curriculum will result in one (1) additional point to overall composite score. Possession of a Bachelor's Degree in Fire Science or an EMS curriculum will result in an additional two (2) points added to overall composite score. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Clerk -Typist II/Civil Service (Non-competitive). Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Clerk -Typist II/Inspection (Nan -competitive.) The Commission received and fled the revision to the Expiring Eligible List Report of June 2003, received at the Civil Service Commission meeting of May 15, 2003, noting the expiration of the Water Operations Mechanic 1 (1159 p.) list on June 14, 2003. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the expiring eligible list for the month of July 2003 - Civil Engineer 1 (847 o.c.), Custodian (792-D o.c.), Firefighter (836 o.c.) and Water Operations Mechanic 11 (1161 p.), the Civil Service Commission does hereby approve to extend the eligible lists for Civil Engineer (847 o.c.) and Firefighter (836 o.c.) for an additional six (6) months, and Custodian (792-D o.c.) for an additional three (3) months. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Assessing Clerk (1175 p.). The Commission received and filed the following items: Revised Council Resolution from the meeting of May 7, 2003, with minutes to be approved May 21, 2003: REVISED (5/16/03): Page 6 1189th Regular Meeting June 19, 2003 CR# 218-03 Confirming and approving the reappointment of Jerry Wordhouse to the Livonia Plymouth Road Development Authority as a business interest or owner for a four-year term expiring May 16, 2007. Letter of June 2, 2003, from George T. Roumell, Jr., Riley, Roumell 8 Connolly, regarding Joel Williamson vs. City of Livonia, et al, Court of Appeals Docket No. 239864, Lower Court Case No: 00-030445 NZ. Affirmative Action Report for May 2003. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:35 p.m. Gretchen Guisbert, Secretary III Ronald E. Campau, Chairperson Charlotte S. Mahoney, Commissioner Harry C. Tatigian, Commissioner